ANNA MARIA – Revising the city of Anna Maria’s CBD and hemp prohibitions is proving to be challenging for city officials.
Anna Maria’s code of ordinances currently prohibits the sale of any product derived from the cannabis plant, including medical marijuana and CBD and hemp products. The current ordinance was adopted shortly before Florida voters legalized medical marijuana and medical marijuana dispensaries in 2016.
After debating proposed revisions to the existing city ordinance on March 14 and March 28, city commissioners remain divided and undecided as to how to allow Anna Maria businesses to sell limited amounts of CBD and hemp products while still prohibiting medical marijuana sales and discouraging retail operations focused primarily on CBD sales.
The city’s regulatory quagmire began in late February when Holmes Beach-based CBD vendor Mel Wendell was told she couldn’t sell CBD products at an arts and crafts fair being held in Anna Maria. In response, Wendell told the mayor and commissioner there were other businesses currently selling CBD products in Anna Maria.
The attention created by Wendell’s public statement resulted in the North Shore Café owners receiving a notice of violation for selling food and drink products made with a hemp powder containing a miniscule amount of THC. The Cool Beans AMI coffee shop owners received a similar notice for selling some of the same CBD products sold legally at their Live Naturally store in Holmes Beach.
On March 14, City Attorney Becky Vose presented an ordinance that proposed limiting CBD and hemp sales to no more than 10% of a retail outlet’s total inventory. The commission agreed that provision would be virtually impossible to enforce and would require an audit of a businesses’ total inventory.
On March 28, the commission reached preliminary consensus on two key points proposed in the ordinance but remained puzzled as to how to regulate CBD sales at brick-and-mortar retail locations and the signage associated with such sales. Federal law prohibits the regulation of sign content.
The commission agrees CBD and hemp sales should be allowed at craft fairs, markets and other special events taking place with a city commission-approved special event permit, as long as the number of CBD/hemp vendors doesn’t exceed more than 10% of the total vendor roster.
The commission agrees that mobile CBD sales not related to special events should remain prohibited in order to prevent CBD being sold from trucks, trailers, tents and other mobile operations.
The commission also agrees that the fine amounts associated with CBD or hemp sales violations should be established in a separate city resolution.
Commissioner Gary McMullen questioned why the city wants to continue outlawing CBD and hemp products that are legal statewide and legally sold in Holmes Beach and many other Florida cities.
Along those same lines, Commissioner Jon Crane said, “I’ve got nothing against medical marijuana and I support it.”
Commissioner Kathy Morgan expressed support for the current CBD prohibitions.
Commissioner Charlie Salem asked Vose to research how other Florida cities are regulating CBD sales.
After noting CBD sales are prevalent in most Florida cities, Vose said the commissioners are essentially dealing with a cut-and-dried decision to either allow or continue prohibiting CBD and hemp sales and CBD stores in Anna Maria.
These matters will be discussed again at the Thursday, April 11 meeting. In lieu of the ongoing regulatory efforts, Mayor Dan Murphy is giving the North Shore Café and Cool Beans AMI owners an additional 30 days to comply with their notices of violation.
Related coverage: Anna Maria seeks to amend CBD prohibitions
